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(영문) 서울중앙지방법원 2021.01.27 2020가합524939
계약금반환청구
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) planned to carry out the business of constructing and selling multi-family housing (hereinafter “the instant business”) in the D D D D in terms of harmony, and borrowed KRW 93 billion from E organizations around December 21, 2007 in order to raise business funds.

2) On February 9, 201, C and E concluded a business agreement with the content that C and E will transfer the right to implement the project when C and E are unable to repay the borrowed money after the lapse of the due date.

On February 9, 201, 4 shareholders F, etc. of one C entered into a pledge contract with E organization as to 37,200 shares of C owned by them in order to secure loans to E organization C.

3) E filed a motion against Suwon District Court on the grounds that it filed a petition against C on June 30, 201, including the content that the agreement on the business agreement as set forth in paragraph (2) was duly formed, and the settlement protocol was drawn up on June 30, 2011.

4) During several years, C entered into a sales contract and a real estate disposal trust contract for the land outside G and 118 lots (hereinafter “land subject to project”) with the Defendant, and obtained approval from the Defendant on April 16, 2014 for the use of the land subject to project from the Defendant.

5) After that, the Defendant lost the benefit of time due to C’s nonperformance of obligations under the real estate disposal trust contract, etc.

On October 22, 2014, the public sale of land subject to business was publicly announced.

B. 1) H, I, and J shall organize the Plaintiff to promote the establishment of a housing association aimed at carrying out the instant project.

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